Hogg v. Mobley
Supreme Court of Georgia
Caveat of a probate, in Coweta County. Decision by Judge Hill, at September Term, 1849. In this case, E. Mobley and W. Mobley were the propounders of the last will of Jethro Mobley, and James V. Hogg and others were caveators before tbe Court of Ordinary of Coweta County, The decision of the Ordinary was against the caveators, and they appealed to the Superior Court of said County.
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Caveat of a probate, in Coweta County. Decision by Judge Hill, at September Term, 1849. In this case, E. Mobley and W. Mobley were the propounders of the last will of Jethro Mobley, and James V. Hogg and others were caveators before tbe Court of Ordinary of Coweta County, The decision of the Ordinary was against the caveators, and they appealed to the Superior Court of said County. On the trial of this appeal, among other points taken, (not excepted to) the propounders objected that tire appeal bond was payable to the propounders, instead of to the Clerk, On a motion to dismiss the appeal,…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] By the Act of 1805, appeals are allowed from the Courts of Ordinary to the Superior Court, on the dissatisfied party paying all costs which may have accrued, and giving security to the *257Clerk of said Court of Ordinary for such further costs as may accrue, by reason of such appeal. This Act does not require any bond shall be given to the Clerk — it prescribes no form for entering the appeal, but only requires security to be given to the Clerk, for such further costs as may accrue by reason of the appeal. Prince, 238.
From the record in this…
2Cited by2 opinions
- Barley v. HortonSupreme Court of Georgia · 1919
- Sims v. WaltonSupreme Court of Georgia · 1900